Boatyard plan attacked at public hearing

Elizabeth Kim

Updated 10:36 pm, Thursday, February 7, 2013

Hearing officer of adjudication for the EPA Ken Collette, left, and Craig Lapinski of Fuss and O'Neil, right,l tour a potential boatyard site with DEEP officials and area citizens at 205 Magee Ave. in Stamford on Wednesday, February 6, 2013.
Photo: Lindsay Perry

John Josel, left, and Craig Lapinski of Fuss and O'Neil, right,l tour a potential boatyard site with DEEP officials and area citizens at 205 Magee Ave. in Stamford on Wednesday, February 6, 2013.
Photo: Lindsay Perry

From left, John Josel, Hearing officer of adjudication for the EPA Ken Collette, and Craig Lapinski of Fuss and O'Neill tour a potential boatyard site with DEEP officials and area citizens at 205 Magee Ave. in Stamford on Wednesday, February 6, 2013.
Photo: Lindsay Perry

STAMFORD ­-- Building and Land Technology's path toward redeveloping the South End waterfront into a hedge fund headquarters suffered a potentially damaging blow this week after a chorus of attacks made during a state public hearing on its proposal to relocate a working boatyard to Shippan.

Referring to the South End peninsula where the Harbor Point developer last year dismantled the city's largest working boatyard, he voiced the sentiment that seemed to be widely shared in the audience.

"The boatyard property is sacred, it's designated and mandated," he said. "Why would you want to change it?"

For months, critics have attacked BLT's proposal to erect a boatyard on a 3.5-acre site at 205 Magee Ave. as both an unworkable and blatantly unfair solution.

The project aims to re-establish services to the city's boating community in the aftermath of the developer's decision to raze a 14-acre boatyard in the South End without zoning approval. With the support of Gov. Dannel P. Malloy, BLT is seeking to rezone that site from a strictly water-dependent use into a $750 million office headquarters for the Westport hedge fund Bridgewater Associates.

Wednesday's hearing, which came on the heels of a city-commissioned report released Tuesday that identified severe deficiencies with the Shippan plan, was the first public opportunity for opponents to bring their case to the state. The DEEP has granted BLT a draft permit to perform in-water boating-related construction as well as dredging along the shore of 205 Magee Ave. Comments from the hearing will be considered as part of an internal adjudicatory process to decide whether to uphold that decision.

While the general feeling is that it would be unlikely for the DEEP to reverse course on the permit, the evening provided a glimpse of the protest to come if the project goes before the Zoning Board.

More than 100 people, mostly boaters, showed up for the proceedings. About a dozen, several with detailed slideshows, took turns speaking at the podium. Aside from the occasional reminders about keeping within time limits, DEEP officials did not limit the scope of the remarks.

Among the repeatedly raised objections was whether BLT's application should have been considered by the DEEP because the property it owns at 205 Magee Ave. does not include a critical 4,200-square-foot parcel bordering the waterfront.

In December, Mayor Michael Pavia signed a letter of intent that gives BLT the right to include the city's property in its development plans as well as the right to negotiate for rights to it in the future. But many, including city board members, have called the validity of the agreement into question, raising questions about the parcel's intended status as part of a park and arguing that the administration should have sought approval from other members of the city.

Representatives from the city's Harbor Management Commission also challenged the DEEP's decision to grant the permit, citing environmental concerns. Last month, the commission ruled the project is not consistent with the city's harbor-management plan, in large part because the dredging involved would affect tidal wetlands.

Safety concerns about the boatyard's proposed location on a narrow and heavily trafficked portion of the eastern channel of Stamford Harbor were voiced by boaters and businesses alike. Among the speakers, a spokesman for O&G, an asphalt manufacturer that uses barges, said that the plan as designed would impede the company's operations and cause accidents. Among its suggestions to the DEEP is that the project's dredging be expanded to include the western side.

Perhaps the harshest accusations of the night were against the DEEP itself. To date, the agency that is charged with protecting water-dependent uses has not addressed BLT's unauthorized removal of the South End boatyard, which the city has said constitutes a violation of the Coastal Area Management Act.

"The elephant in the room tonight is that what this company is attempting to do is take a 14-acre piece of land and eliminate a water-dependent use," said Peter Alviti, director of programs for the New England Laborers' Health & Safety Fund. "To try to consider this as independent from those acts is in contradiction of the CAM Act."

Alluding to public comments from DEEP Deputy Commissioner Macky McCleary about balancing the management of the waterfront with economic development priorities, he said: "Economic development is not part of your deliberations."

Afterward, John Freeman, an attorney for BLT, refuted some of the environmental and safety allegations. Dredging, he said, would not affect any portion of the tidal wetlands, which he said the DEEP had concurred with. He added the project allows for an ample setback for both recreational and commercial traffic provided that vessels adhere to common safety practices.

He said the developer would offer a full response to the criticisms on Feb. 20, when the hearing is to continue at the DEEP's offices in Hartford. The public has until Feb. 13 to submit further written comments.

Despite being clearly outnumbered by opponents, Freeman said he was gratified to see growing support for the boatyard plan. He pointed to a petition signed by more than 400 South End residents as well as the three individuals who spoke in favor.

Among them was Stamford boater Paul Norton, who called BLT's ultimate aim of developing the South End for Bridgewater as one that "will bring a lot of high-paying jobs."

Of the Shippan plan, he said, "I'd like to see a ball rolled toward getting a boatyard in Stamford."

He then added, "Personally, I don't think there's ever going to be a 14-acre boatyard in Stamford."

As he wrapped up, he was met with disapproving headshakes and some boos. One person, however, could be heard clapping in the back.